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Unformatted text preview: annot be detached without substantial injury to the thing itself or to that to which
it is attached, this supplies strong but not necessarily conclusive evidence that a permanent fixing was
intended … On the other hand, the fact that the fixing is very slight helps to support an inference that it
was not intended to be permanent. But each case depends on its own facts. (Reproduced with permission of Thomson Reuters (Professional) Australia
Limited.) COMMENT: This judgment could be summarised as
• Basic presumption—if a chattel is actually
attached to land by means other than its own
weight, it is prima facie a fixture and the burden
of proof is on anyone who says otherwise.
• Where the basic presumption is disputed, the
– look at the intention of the person who places
the thing in position; and then
– examine the degree of annexation—that is,
the extent to which the thing has become part
of whatever it is attached to. In assessing the
degree of annexation, the co...
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- Three '12